By the Chief, Wireless Telecommunications Bureau
1. On July 16, 2008, the Rural Telecommunications Group (RTG) filed a petition asking the
Commission to initiate a rulemaking regarding spectrum aggregation limits.1 Specifically, the RTG Petition requested that the Commission initiate a rulemaking aimed at imposing, on a county level, a 110 megahertz cap on the amount of commercial terrestrial wireless spectrum below 2.3 GHz that one entity can hold.2 On October 10, 2008, the Wireless Telecommunications Bureau released a public notice seeking comment on the RTG Petition.3 In response, some parties urged the Commission to dismiss RTG’s petition and not initiate the requested rulemaking,4 while others supported the petition and recommended that the Commission initiate the rulemaking sought by RTG.5 As courts have long recognized, the Commission has broad discretion to determine whether and when to initiate a rulemaking.6
2. In a recently released Notice of Proposed Rulemaking,7 the Commission declined to initiate the
rulemaking RTG requested in its petition and instead launched a broader rulemaking that will address policies regarding mobile spectrum holdings from a more comprehensive perspective.8 In light of the

broader rulemaking recently initiated, we now exercise our discretion, pursuant to the authority delegated under Sections 0.131 and 0.331 of the Commission’s rules,9 and deny the RTG Petition and terminate this proceeding.
3. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and Section 1.401(e) of the Commission’s Rules, 47 C.F.R. § 1.401(e), and the authority delegated under Sections 0.131 and 0.331 of the Commission’s Rules, 47 C.F.R. §§ 0.131, 0.331, that the Petition for Rulemaking filed by RTG is DENIED and the proceeding in RM-11498 IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Ruth MilkmanChief, Wireless Telecommunications Bureau

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